Indian Motor Vehicle Act 1988: Features, Rules & Penalties

The Motor Vehicles Act of 1988 was introduced in the parliament with the intention of governing all road vehicles and creating proper rules and regulations that all vehicle owners would be required to adhere to. The Act came into effect on 1^st July 1989. The Act was created after consultations with the state transport ministers of all the Indian states. One of the main objectives of the Act was to supersede the existing Motor Vehicles Act of 1939 which had become obsolete with time. The Act was created keeping in mind the constant advancement of vehicular technology along with the increase in demand for vehicles.

Overview of the Motor Vehicles Act

Some of the basic overviews of this Act are:

1. Each driver driving a vehicle on the road is required to have a valid license.
2. Each vehicle owner has to get their vehicle registered, which usually lasts for 15 years under the Act.
3. Each vehicle owner on the road should have insurance for their vehicle. If you have a car, you are required to have car insurance. If you have a bike, you are required to have bike insurance.

Major Sections of the Act

The following are the important sections of the Motor Vehicles Act:

1. Section 3- A license issued by the authorities is compulsory to be able to drive your vehicle on Indian roads. This is applicable to cars, bikes, rickshaws, and heavy vehicles, amongst others.
2. Section 4- A permanent license can be issued only to those above the age of 18. Those below are not allowed to drive any type of vehicle unless they hold a learner’s permit, which is issued at the age of 16.
3. Section 39- If you own a vehicle, you are required by the Act to get it registered for it to be legally driven.
4. Section 112- You need to adhere to the speed limits laid down by the Road Transport Ministry. The speed limits vary from state to state. Exceeding these limits could get you fined.
5. Section 140- The driver of the vehicle has to compensate the third party if the damage is caused to the latter’s vehicle or property. In case someone gets injured or breathes their last, the compensation is as follows:
6. 50,000 if someone passes away
7. 25,000 if a permanent disability is caused
8. Section 185- If the driver is found to be driving their vehicle under the influence of alcohol or drugs, they would be fined under the following condition:
9. The permissible limit is 30mg per 100 ml of blood. Exceeding this limit is an offence.

Amendments to the Motor Vehicles Act

In 2019, the Motor Vehicle Amendment Bill was introduced in the Indian parliament to keep up with changing times and trends. Listed below are some of the amendments:

1. Aadhar Card is mandatory when applying for license as well registration of the vehicle.
2. Compensation of Rs. 2 Lakhs to be given by the government to the family of hit-and-run victims.
3. Legal guardians to be held liable if a minor is found driving a vehicle, either supervised or unsupervised.
4. The penalty of drunk driving is increased to Rs. 10,000
5. The previous liability limit for third-party was removed in cases of someone breathing their last or incurring serious injury.

These amendments were ratified and implemented in 2020 by the government.

Salient Features of the Motor Vehicle Act, 1988

The Motor Vehicle Act, 1988 is a comprehensive legislation governing road transport in India. It lays down rules for the registration, insurance, licensing, and penalties associated with vehicles. Key features include:

1. Vehicle Registration: All vehicles must be registered with the Regional Transport Office (RTO).
2. Driving License: It specifies the requirement for obtaining a driving license for different types of vehicles, including commercial and non-commercial vehicles.
3. Traffic Rules & Safety: It outlines traffic rules, including speed limits, road signs, lane discipline, and the use of safety equipment like helmets and seat belts.
4. Insurance: The Act mandates third-party insurance for all motor vehicles to protect victims of accidents.
5. Penalties & Offenses: It defines punishments for violations like speeding, driving under the influence, and driving without a license.
6. Regulation of Commercial Vehicles: The Act regulates commercial vehicles, including permits, insurance, and tax collection for them.
7. Environmental Concerns: Emphasizes the importance of pollution control by requiring Pollution Under Control (PUC) certificates.
8. Road Safety and Education: The Act emphasizes educating the public about road safety through awareness programs.

These provisions are designed to ensure safety on the roads and regulate motor vehicle operations in India.

Penalties as per the New Amendment

These are some of the penalties introduced in the Act in 2019:

1. A fine of Rs.5,000 and/or community service if found driving your vehicle without a license.
2. A fine of Rs.10,000 and/or a prison sentence of 6 months if found driving under the influence of alcohol or drugs for first-time offense. Fine increases to Rs.15,000 and/or 2 years of prison for a repeated offense.
3. A fine of Rs.1,000 and/or community service for driving without a seatbelt.
4. A fine of Rs.5,000 if found to be talking on the phone or using it while driving.
5. A fine of Rs.500 if found to be driving without a helmet.

The Motor Vehicles Act makes third-party insurance mandatory. For first-time offenses of driving without insurance, the fine is Rs. 2,000 and/or 3 months of prison along with community service. The fine increases to Rs. 4,000 for repeat offenses.

Changes Made to the Traffic Rules

Traffic rules in India have undergone several revisions to enhance road safety and ensure discipline. The Motor Vehicles (Amendment) Act, 2019, brought about notable changes:

1. Increased Penalties: Fines for violations like speeding, driving without a helmet, and driving under the influence have been significantly increased to discourage offenders.
2. Mandatory Use of Seat Belts: The law has become stricter on seatbelt usage, imposing penalties for both drivers and passengers if not wearing one.
3. Pedestrian Safety: New provisions have been added to protect pedestrians, including designated crossings and stricter penalties for violations.
4. Protection for Good Samaritans: Legal protection has been extended to good Samaritans who help accident victims, shielding them from legal hassles.
5. Licensing and Registration: The process for obtaining licenses and vehicle registration has been streamlined with online platforms, aiming for greater transparency and ease.
6. Higher Penalties for Juvenile Offenses: In cases where a juvenile commits a traffic violation, the guardian is held responsible and may face penalties.
7. Introduction of E-Challans: Digital monitoring has been introduced for traffic violations through e-challans, promoting easier enforcement.

These changes reflect the government's commitment to improving road safety and reducing accidents in India.

Conclusion

As proper regulation is required to keep the vehicles and their drivers under check, this Act is essential. So is the appropriate general insurance policy for your vehicle under this Act if you do not wish to pay hefty fines for not owning it. Insurance is the subject matter of solicitation. For more details on benefits, exclusions, limitations, terms, and conditions, please read the sales brochure/policy wording carefully before concluding a sale.

FAQs Related to Motor Vehicles Act, 1988

What are the four objectives of the Motor Vehicles Act, 1988?

The Motor Vehicles Act, 1988 has four main objectives:

1. Ensuring Road Safety: To regulate road safety measures and reduce accidents by enforcing traffic rules and vehicle standards.
2. Regulation of Traffic: To manage vehicle registration, licensing, and traffic regulations, ensuring smooth flow and discipline on roads.
3. Environmental Protection: To control vehicle emissions and enforce pollution norms to protect the environment.
4. Protection of Accident Victims: To provide compensation for accident victims through third-party insurance and facilitate claims for injury or death caused by accidents.

What are the benefits of the Motor Vehicles Act, 1988?

The Motor Vehicles Act, 1988 offers several benefits:

1. Enhancing Road Safety: It helps reduce accidents and fatalities by enforcing road safety rules and penalties for violations.
2. Providing Legal Protection: It ensures accident victims are compensated through third-party insurance.
3. Environmental Control: The Act promotes the use of eco-friendly vehicles by setting emission norms and pollution controls.
4. Traffic Management: It regulates vehicle operations and enforces road discipline, improving traffic flow.
5. Encouraging Safe Driving Practices: The Act raises public awareness about road safety and responsible driving.

What is the claim of the Motor Vehicles Act, 1988?

The Motor Vehicles Act, 1988 allows individuals to file claims for compensation in case of road accidents. It mandates third-party insurance, ensuring that victims of accidents are compensated for damages or injuries caused by motor vehicles. The law also establishes a framework for filing and processing claims, providing legal recourse for accident victims.

How much fine do I have to pay for cutting lanes while driving?

Under the Motor Vehicles Act, 1988, lane cutting or improper lane discipline can result in a fine ranging from ₹500 to ₹1,000, depending on the seriousness of the violation. The fine encourages safer driving practices and helps reduce accidents caused by lane violations.

Is riding without a helmet illegal under the Motor Vehicles Act, 1988?

Yes, riding without a helmet is illegal under the Motor Vehicles Act, 1988. The law mandates that both the rider and pillion passenger wear helmets while riding a two-wheeler. The penalty for violating this rule can range from ₹100 to ₹1,000, with stricter penalties for repeat offenders. This law aims to reduce head injuries and fatalities in two-wheeler accidents.